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Store One Retail India Ltd. (Now known as Soril Infra Resources Ltd.) v/s I.T.C. Limited


Company & Directors' Information:- ITC LIMITED [Active] CIN = L16005WB1910PLC001985

Company & Directors' Information:- V RESOURCES INDIA PVT LTD [Active] CIN = U51102MH2006PTC159669

Company & Directors' Information:- H-ONE INDIA PRIVATE LIMITED [Active] CIN = U73200UP1997PTC023702

Company & Directors' Information:- SORIL INFRA RESOURCES LIMITED [Active] CIN = L52190DL2005PLC181536

Company & Directors' Information:- K K RESOURCES PRIVATE LIMITED [Active] CIN = U55101OR2008PTC009726

Company & Directors' Information:- J T L INFRA LIMITED [Active] CIN = L27106CH1991PLC011536

Company & Directors' Information:- E-STORE INDIA PRIVATE LIMITED [Active] CIN = U51221TG2005PTC045040

Company & Directors' Information:- V - RETAIL PRIVATE LIMITED [Active] CIN = U52300TG2009PTC063445

Company & Directors' Information:- M S RETAIL PRIVATE LIMITED [Active] CIN = U52341KA2009PTC049097

Company & Directors' Information:- H N COMPANY INFRA PRIVATE LIMITED [Active] CIN = U45201NL2005PTC007743

Company & Directors' Information:- N A R INFRA PRIVATE LIMITED [Active] CIN = U45209TG2010PTC066556

Company & Directors' Information:- A TO Z RETAIL LIMITED [Active] CIN = U52190MH2005PLC155766

Company & Directors' Information:- T AND T INFRA PRIVATE LIMITED [Active] CIN = U45200PN2012PTC144893

Company & Directors' Information:- S R C INFRA PRIVATE LIMITED [Active] CIN = U45200KA2014PTC073052

Company & Directors' Information:- S G F INFRA PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003837

Company & Directors' Information:- S D RETAIL PRIVATE LIMITED [Active] CIN = U52520GJ2004PTC056076

Company & Directors' Information:- K. T. RESOURCES PVT. LTD. [Active] CIN = U65993WB1995PTC075053

Company & Directors' Information:- R E INFRA PRIVATE LIMITED [Active] CIN = U74999MH2007PTC175255

Company & Directors' Information:- S R D RESOURCES PRIVATE LIMITED [Strike Off] CIN = U65910DL1996PTC082218

Company & Directors' Information:- M Y C INFRA PRIVATE LIMITED [Active] CIN = U45400UP2013PTC055996

Company & Directors' Information:- A R INFRA PRIVATE LIMITED [Active] CIN = U45202AS2008PTC008561

Company & Directors' Information:- A & M RETAIL PRIVATE LIMITED [Active] CIN = U52100TG2012PTC080504

Company & Directors' Information:- R K INFRA(INDIA) PRIVATE LIMITED [Active] CIN = U45201KA2010PTC054009

Company & Directors' Information:- I V INFRA PRIVATE LIMITED [Active] CIN = U45309PB2008PTC031932

Company & Directors' Information:- K I C RESOURCES LTD [Active] CIN = U70109WB1991PLC053497

Company & Directors' Information:- M & B INFRA LIMITED [Active] CIN = U70109PB2012PLC036738

Company & Directors' Information:- S. H. RETAIL PRIVATE LIMITED [Active] CIN = U52100DL2010PTC199889

Company & Directors' Information:- A TO Z RESOURCES PVT. LTD. [Strike Off] CIN = U65910WB1993PTC059975

Company & Directors' Information:- E T RESOURCES PRIVATE LIMITED [Active] CIN = U65993WB1991PTC051304

Company & Directors' Information:- A H INFRA LIMITED [Active] CIN = U31501WB2010PLC155151

Company & Directors' Information:- B. D. RESOURCES PVT. LTD. [Active] CIN = U70109WB1995PTC067039

Company & Directors' Information:- V & H INFRA PRIVATE LIMITED [Active] CIN = U45203MH2008PTC181787

Company & Directors' Information:- K S L RESOURCES PRIVATE LIMITED [Active] CIN = U51109WB1981PTC034306

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- K S K RESOURCES PRIVATE LIMITED [Active] CIN = U14200WB1986PTC041012

Company & Directors' Information:- K. D. RESOURCES PRIVATE LIMITED [Active] CIN = U45200CT2007PTC020422

Company & Directors' Information:- S R U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2014PTC065614

Company & Directors' Information:- S G U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2015PTC071682

Company & Directors' Information:- V G RETAIL PRIVATE LIMITED [Strike Off] CIN = U52300TG2009PTC065574

Company & Directors' Information:- R B RESOURCES PRIVATE LIMITED [Active] CIN = U74900MH2013PTC247723

Company & Directors' Information:- R D RETAIL INDIA PRIVATE LIMITED [Active] CIN = U52100DL2012PTC235004

Company & Directors' Information:- RETAIL ONE INDIA PRIVATE LIMITED [Active] CIN = U52339TN2006PTC061462

Company & Directors' Information:- N. S. INFRA PRIVATE LIMITED [Active] CIN = U45200UP2021PTC142424

Company & Directors' Information:- M G D INFRA PRIVATE LIMITED [Active] CIN = U45400UP2015PTC069886

Company & Directors' Information:- M S N RETAIL PRIVATE LIMITED [Active] CIN = U52190KA2020PTC137203

Company & Directors' Information:- D & T RETAIL PRIVATE LIMITED [Strike Off] CIN = U74900HR2015PTC055569

Company & Directors' Information:- K R D INFRA PRIVATE LIMITED [Active] CIN = U45400TZ2020PTC034945

Company & Directors' Information:- S & B RETAIL PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120MH2015PTC266050

Company & Directors' Information:- B-ONE INFRA PRIVATE LIMITED [Active] CIN = U70101OR2016PTC019782

Company & Directors' Information:- N. S. RETAIL INDIA PRIVATE LIMITED [Active] CIN = U52609DL2017PTC310030

Company & Directors' Information:- A A RETAIL (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74900GJ1991PTC016073

Company & Directors' Information:- G R RESOURCES PVT LTD [Strike Off] CIN = U45309AS1988PTC003046

Company & Directors' Information:- Z INFRA LIMITED [Strike Off] CIN = U45201OR2009PLC010795

Company & Directors' Information:- S B M INFRA PRIVATE LIMITED [Strike Off] CIN = U45201TR2010PTC008299

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- P H B RESOURCES PVT LTD [Active] CIN = U70109WB1985PTC038888

Company & Directors' Information:- S INFRA PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201OR2012PTC016064

Company & Directors' Information:- J M RESOURCES PVT LTD [Strike Off] CIN = U70101WB1985PTC038887

Company & Directors' Information:- S S F RESOURCES PVT LTD [Strike Off] CIN = U70101WB1985PTC039324

Company & Directors' Information:- G K RETAIL PRIVATE LIMITED [Active] CIN = U15202DL2007PTC171738

Company & Directors' Information:- J D C INFRA PRIVATE LIMITED [Strike Off] CIN = U45209HR2012PTC045407

Company & Directors' Information:- S S P L INFRA PRIVATE LIMITED [Strike Off] CIN = U45201OR2011PTC013469

Company & Directors' Information:- Y. M. INFRA PRIVATE LIMITED [Active] CIN = U45400MH2010PTC211055

Company & Directors' Information:- C F O RETAIL (INDIA) PRIVATE LIMITED [Active] CIN = U51909MH2003PTC140364

Company & Directors' Information:- S V M RESOURCES PRIVATE LIMITED [Strike Off] CIN = U51101TG2010PTC068353

Company & Directors' Information:- V V INFRA PRIVATE LIMITED [Active] CIN = U45200TG2008PTC059111

Company & Directors' Information:- C-3 RETAIL PRIVATE LIMITED [Strike Off] CIN = U52190WB2010PTC151458

Company & Directors' Information:- R V G INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2011PTC219732

Company & Directors' Information:- S M RETAIL PRIVATE LIMITED [Strike Off] CIN = U51494OR2008PTC010261

Company & Directors' Information:- S P G N INFRA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096326

Company & Directors' Information:- Y. C. INFRA PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151352

Company & Directors' Information:- J K S INFRA (INDIA) LIMITED [Active] CIN = U45209PB2012PLC036363

Company & Directors' Information:- J S N INFRA (INDIA) LIMITED [Active] CIN = U45400UP2012PLC050189

Company & Directors' Information:- R. B. RETAIL LIMITED [Strike Off] CIN = U51109WB2008PLC123637

Company & Directors' Information:- A & N G RETAIL & INFRA PRIVATE LIMITED [Strike Off] CIN = U51909DL2008PTC176842

Company & Directors' Information:- STORE ONE INFRA RESOURCES LIMITED [Active] CIN = U70200DL2015PLC287160

Company & Directors' Information:- R V J INFRA PRIVATE LIMITED [Active] CIN = U45200DL2013PTC249181

Company & Directors' Information:- J J INFRA INDIA PRIVATE LIMITED [Active] CIN = U45209AP2011PTC078174

Company & Directors' Information:- U AND I RESOURCES PRIVATE LIMITED [Active] CIN = U72200GJ2006PTC048258

Company & Directors' Information:- A R INFRA (INDIA) PRIVATE LIMITED [Active] CIN = U70109MP2007PTC020049

Company & Directors' Information:- M M RETAIL PRIVATE LIMITED [Active] CIN = U52599DL2007PTC157838

Company & Directors' Information:- H M RESOURCES PVT LTD [Strike Off] CIN = U70101WB1985PTC038561

Company & Directors' Information:- D C STORE PRIVATE LIMITED [Active] CIN = U00000DL2001PTC110082

Company & Directors' Information:- G K V INFRA PRIVATE LIMITED [Strike Off] CIN = U45200PN2011PTC141814

Company & Directors' Information:- W 1 RETAIL PRIVATE LIMITED [Strike Off] CIN = U52322DL2010PTC209103

Company & Directors' Information:- D K RETAIL PRIVATE LIMITED [Strike Off] CIN = U52399BR2011PTC016439

Company & Directors' Information:- G S RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74900KA2008PTC048480

Company & Directors' Information:- M R K INFRA PRIVATE LIMITED [Active] CIN = U45209TG2012PTC080558

Company & Directors' Information:- G I RESOURCES PRIVATE LIMITED [Active] CIN = U74910TG2007PTC054452

Company & Directors' Information:- S. S. T. B. RETAIL PRIVATE LIMITED [Active] CIN = U52600MH2018PTC305554

Company & Directors' Information:- L G INFRA PRIVATE LIMITED [Strike Off] CIN = U45400TN2014PTC095310

Company & Directors' Information:- J S RETAIL PRIVATE LIMITED [Strike Off] CIN = U52399PN2008PTC131786

Company & Directors' Information:- G & A RETAIL PRIVATE LIMITED [Strike Off] CIN = U74994MH2011PTC219515

Company & Directors' Information:- R K D RETAIL PRIVATE LIMITED [Strike Off] CIN = U74999MH2014PTC253224

Company & Directors' Information:- Y V R RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74120TG2015PTC100651

Company & Directors' Information:- G M RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC053963

Company & Directors' Information:- J G INFRA PRIVATE LIMITED [Active] CIN = U45209CH2012PTC034095

Company & Directors' Information:- S 2 RESOURCES PRIVATE LIMITED [Active] CIN = U18204DL2006PTC155720

Company & Directors' Information:- E & P INFRA PRIVATE LIMITED [Strike Off] CIN = U74999DL2014PTC271401

Company & Directors' Information:- T & T INFRA INDIA PRIVATE LIMITED [Strike Off] CIN = U70109DL2015PTC276336

Company & Directors' Information:- K T INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2010PTC199408

Company & Directors' Information:- A. S. RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC192062

Company & Directors' Information:- A & N RESOURCES PRIVATE LIMITED [Active] CIN = U74900DL2016PTC291446

Company & Directors' Information:- A 4 INFRA PRIVATE LIMITED [Strike Off] CIN = U70100DL2012PTC233921

Company & Directors' Information:- F T RETAIL PRIVATE LIMITED [Active] CIN = U52100DL2015PTC279351

Company & Directors' Information:- B K S RETAIL PRIVATE LIMITED [Strike Off] CIN = U52300DL2010PTC211307

Company & Directors' Information:- K & H INFRA PRIVATE LIMITED [Active] CIN = U45209AP2013PTC090417

Company & Directors' Information:- S P V RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74140KA2013PTC069966

Company & Directors' Information:- I. V. RETAIL PRIVATE LIMITED [Strike Off] CIN = U52390HR2009PTC039614

Company & Directors' Information:- X-ONE INDIA PRIVATE LIMITED [Active] CIN = U74999KA2017PTC104445

Company & Directors' Information:- C D E F INFRA PRIVATE LIMITED [Active] CIN = U45200KA2011PTC057888

Company & Directors' Information:- J AND D RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74140KL2013PTC035588

Company & Directors' Information:- M M D INFRA PRIVATE LIMITED [Strike Off] CIN = U70101GJ2013PTC075444

Company & Directors' Information:- P M D INFRA PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050762

Company & Directors' Information:- J. Y. RESOURCES PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050894

Company & Directors' Information:- S. K. RESOURCES PRIVATE LIMITED [Active] CIN = U70109GJ2016PTC092408

Company & Directors' Information:- V & T INFRA PRIVATE LIMITED [Strike Off] CIN = U70100TG2008PTC061671

Company & Directors' Information:- A K M RETAIL PRIVATE LIMITED [Strike Off] CIN = U52599DL2006PTC150947

    Review Petition (L) No. 23 of 2018 in Arbitration Petition No. 736 of 2017

    Decided On, 15 July 2019

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE R.D. DHANUKA

    For the Applicant: Anil D'Souza, Advocate. For the Respondent: Mutahar Khan I/b. R.Gupta, Advocates.



Judgment Text

Oral Judgment:

1. By this Review Petition, the petitioner (petitioner in Arbitration Petitioner No.736 of 2017) seeks review of the order dated 31/01/2018 passed by this Court thereby dismissing the Arbitration Petition filed by the petitioner on various grounds.

2. The Review Petition is filed on the ground that though several grounds were raised in the Arbitration Petition filed by the Review Petitioner, this Court did not consider all the grounds and dismissed the petition only on three grounds discussed in paragraph 1 to 5 of the order dated 31/01/2018 passed by this Court.

3. Mr.D'souza, Learned Counsel for the petitioner invited my attention to grounds (A) to (E) of the Arbitration Petition No.736/2017 and submits that though these grounds specifically raised in the petition and were urged before this Court while arguing the Arbitration Petition, this Court has not considered these grounds in the order. Learned Counsel strongly placed reliance on Section 34(2)(b) of the Arbitration and Conciliation Act 1996 and would submit that it is duty of the Court to find out whether the subject matter of dispute is capable of settlement by Arbitration under the law for the time being in force or the Arbitral Award is in conflict with the public policy of India or not. He submits that even if the petitioner had not urged the grounds (A) to (E) raised in the Arbitration Petition, since this Court has not complied with its duty to find out whether the subject matter of dispute was of settlement by Arbitration under the law for the time being force or not or whether the Arbitral Awards is in conflict with the public policy of India or not, order passed by this Court can be reviewed under Order XLVII Rule 1 of Civil Procedure Code.

4. The Learned Counsel for the review petitioner has invited my attention to the judgment of Supreme Court in case of Naved Yar Khan V/s.Haroon Yusuf and Anr. in Civil Appeal No.4981 of 2006 decided on 04/12/2007, and more particularly paragraphs 11 and 14 and would submit that if the point, if any, not mentioned in the judgment of the Court, the presumption is that, that point was never pressed before the Learned Judge and it was given up, such presumption is rebuttable. In case, the petitioner contends that he had pressed any point but has not been dealt with in the impugned judgment, it is open to him to file an application before the same Learned Judge who delivered the impugned judgment and if he satisfies the Judge that some other points were in fact pressed, but were not dealt with in the impugned judgment, it is open to the concerned Judge to pass appropriate orders including an order of review.

5. Learned Counsel for the respondent, on the other hand, submits that he, himself has argued the matter on behalf of the respondent before this Court when this Court dismissed the Arbitration Petition filed by the petitioner on 31/01/2018. He further submits that whatever submissions were advanced by the Learned Counsel for the petitioner then, appearing before this Court, have been already considered by this Court. He submits that the Review Petition now filed after expiry of 262 days raising a contention that some more grounds were raised in the petition and/or though urged by the petitioner have not been considered, shall not be entertained by this Court. Learned Counsel for the respondent submits that even otherwise, the Review Petition filed by the petitioner is not maintainable in view of the Arbitration and Conciliation Act, 1996 being a self contained Code without having any provision of review therein.

6. Without going into the issue whether Review Petition is maintainable or not, since I have heard both the parties on merits, I do not propose to dismiss the Review Petition on the ground of maintainability.

7. A perusal of the order dated 31/01/2008 passed by this Court clearly indicates that this Court has considered the arguments advanced by the petitioner through its Counsel Mr.Ashok Singh on 31/01/2008. No application for Speaking to the Minutes of order Dated 31/01/2008 came to be filed by the petitioner at any point of time till today. Even in the Review Petition lodged by the petitioner after expiry of 262 days, the grounds raised in paragraphs (A), (B) and (E) do not indicate that grounds (A) to (E) in Arbitration Petition were though allegedly urged before this Court, are not considered in the order. 8. A perusal of judgment of the Hon'ble Supreme Court in case of Naved Yar Khan V/s. Haroon Yusuf and Anr. (supra) relied by the Learned Counsel for the Review Petitioner clearly shows that there is a presumption in law that the Judge deals with all the points which have been pressed before him. It often happens that in a petition or appeal several points are taken in the memorandum of the petition or appeal, but at the time of arguments only some of these points are pressed. Naturally a Judge will deal only with the points which are pressed in the arguments and it will be presumed that the appellant gave up the other points, otherwise, he would have dealt with them also. In the same Judgment, it is also held by the Supreme Court that “in case the petitioner contends that he had pressed that point also which has not been dealt with in the impugned judgment, it is open to him to file an application before the same Judge who delivered the impugned judgment”.

9. In this case, neither any application for Speaking to the Minutes is filed by the applicant in Review Petition nor the Learned Advocate who appeared before this Court, filed any affidavit alleging that though he had argued other points, the same have not been considered by this Court at the earliest. Merely because of change of Advocate, this Court cannot permit the Review Petitioner to urge additional grounds at this stage.

10. Insofar as the submissions of Mr.D'souza, Learned Counsel for the petitioner that it is the duty of the Court to find out whether subject matter of the dispute is capable of settlement by Arbitration under the law for the time being force or that the Arbitral Awards is in conflict with the public policy of India is concerned, there is no merit in thi

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s submission of the Learned Counsel for the petitioner. The Court can consider the submissions, provided such submissions are urged before the Court and are raised in the grounds of challenge in the Arbitration Petition. In my view, the Review Petition is totally misconceived and mischievous and deserves to be rejected. 11. Court has no soumotu powers to set aside any part of the Arbitral Award under any part of Section 34 including Section 34(2)(b) pressed in service by the review petitioner. Review Petition is accordingly, dismissed with cost of Rs.50,000/- (Rupees Fifty Thousand Only), which shall be paid by the review petitioner to the respondent within one week from today.
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